The short version
- The Department of Justice voluntarily dismissed its lawsuit seeking to set aside approximately 20,000 California ballots alleged to have been cast by noncitizens.
- Federal officials acknowledged that the state had already processed and anonymized millions of votes, making it impossible to isolate the specific ballots in question without disrupting the entire election count.
- Despite the dismissal, the Justice Department continues to pursue other legal avenues to challenge California's voter registration practices and has arrested dozens of individuals accused of illegal voting.
The U.S. Department of Justice formally requested on Friday to dismiss its lawsuit aimed at preventing California from counting roughly 20,000 mail-in ballots that federal prosecutors alleged were cast by noncitizens. The move effectively ends the immediate legal effort to halt the processing of these specific votes, which had become a focal point in the Trump administration’s broader campaign to assert federal oversight over state-run elections. The dismissal comes just days after significant Republican losses in the midterm elections and approximately one week before a scheduled hearing where a special master was set to evaluate the accuracy of the list of alleged noncitizen voters.
In its motion to dismiss, the Justice Department argued that the relief it sought is no longer available because California election officials have already irreparably commingled the challenged ballots with lawful ones. State data indicates that as of early Friday, nearly 9 million ballots had been processed, with approximately 5 million remaining to be counted. Once a ballot enters the processing stage in California, it is completely anonymized, rendering it technically impossible to separate specific votes from the general pool without disrupting the integrity of the entire election count.
The original lawsuit was filed in mid-October, after ballots had already been mailed to all 23 million registered voters in the state and hundreds of thousands had already been processed. U.S. District Judge David O. Carter, who was appointed by former President Bill Clinton, had previously denied the federal government’s request to stop the counting. In a sharp order, Judge Carter warned that attempting to separate ballots at such a late stage would risk disenfranchising eligible citizens and could wreak havoc on the midterm elections. He also expressed skepticism regarding whether California officials even possessed a viable mechanism for isolating the disputed votes.
Despite withdrawing this specific bid, the Justice Department has signaled that its broader legal strategy remains intact. A department spokesperson stated that the agency would continue to prosecute and litigate suspected violations of election law through other pending cases. The department also filed a motion supporting a separate lawsuit initiated in May, which alleges that California violates national voting laws by failing to sufficiently remove ineligible voters from its registration rolls. Top Los Angeles prosecutor Bill Essayli described this intervention as part of an ongoing effort to pursue every available civil and criminal remedy to ensure only eligible citizens vote.
The conflict highlights a persistent divide between federal authorities and state election officials regarding the prevalence of noncitizen voting. President Donald Trump has repeatedly claimed that state elections are rife with illegal voting by noncitizens, although available data suggests such occurrences are exceedingly rare. California officials have consistently maintained that the list provided by the Justice Department is outdated and includes many legitimate voters. This sentiment was echoed in judicial proceedings, where the accuracy of the federal list has been heavily scrutinized.
The Justice Department’s stance remains firm on the underlying allegations, even as it concedes procedural defeat in this instance. Spokesperson Kiersten Pels accused California of choosing to protect illegal voters and refusing to cooperate with federal requests. She asserted that thousands of likely noncitizens remain on the state’s voter rolls and participated in the 2026 elections. This rhetoric underscores the political stakes involved, as the administration seeks to frame the issue as a matter of national security and electoral integrity.
Parallel to the civil litigation, law enforcement actions have continued. California prosecutors have arrested more than 30 noncitizens in recent weeks who are accused of illegally registering to vote. Some of these individuals face additional accusations of having voted in previous elections. These arrests serve as a tangible component of the broader crackdown on alleged election fraud, distinct from the civil efforts to alter ballot counting procedures.
The special master appointed by Judge Carter in late October was slated to play a key role in evaluating the federal claims. His task included assessing whether California had a functional mechanism for separating the disputed ballots and verifying the accuracy of the noncitizen list. With the dismissal of the lawsuit, this evaluation may become moot regarding the immediate count, but the findings could still inform future legal challenges or policy debates surrounding voter eligibility verification.
As the election results continue to emerge, the withdrawal of the lawsuit removes a significant potential obstacle to the final tally in California. However, the underlying tensions between federal and state authorities over election administration are unlikely to dissipate. The Justice Department’s commitment to pursuing other legal remedies suggests that disputes over voter rolls and eligibility will remain a contentious issue in the coming months.
The case illustrates the complexities of intervening in state election processes after ballots have been cast and processed. While the federal government sought to enforce strict citizenship verification, logistical realities and judicial caution prevented the separation of specific votes. The outcome reinforces the principle that once ballots are anonymized and counted, retroactive intervention is practically unfeasible without compromising the entire electoral process.
Sources behind this briefing
Go to the original reporting
- PBS NewsHour↗Justice Department drops bid to force California to set aside disputed ballots
